1 Comment

For revision:

1. In Federalist #74, Alexander Hamilton describes the pardon as necessarily bound to the conscience of a “single man,” arguing that “the benign prerogative of pardoning should be as little as possible fettered or embarrassed.” In Ex parte Garland, the Supreme Court emphasized that the pardon power is “unlimited” and “cannot be fettered by any legislative restrictions.”

Garland was decided in 1833. https://avalon.law.yale.edu/18th_century/fed74.asp https://caselaw.findlaw.com/court/us-supreme-court/71/333.html

2. https://www.heritage.org/the-constitution/report/federalist-conception-the-pardon-power is useful. People who broke custpms laws without knowing were convicted and then pardoned.

Expand full comment